A brief explanation about trademark infringement and a few related cases and its remedies techniques.

1. Confidential Customized for Lorem Ipsum LLC Version 1.0
TRADEMARK
INFRINGEMENT

2. TRADEMARK INFRINGEMENT????
WHAT IS IT?
Trademark infringement is a violation of the exclusive rights attached
to a trademark without the authorization of the trademark owner or any
licensees. Infringement may occur when one party, the "infringer", uses
a trademark which is identical or confusingly similar to a trademark
owned by another party, in relation to products or services which are
identical or similar to the products or services which the registration
covers.

3. In India….
Infringement of a trademark in India means a violation of the exclusive
rights that are granted to the proprietor registered under the Trade
Marks Act, 1999. The rights that are violated are those which are
granted in relation to goods and services.

6. direct infringement.
1. Unauthorized person – this means a person who is not the owner or the licensee of the registered trademark.
2. 'Identical' or 'Deceptively similar '– the test for determining whether marks are identical or not is by determining
whether there is a chance for a likelihood of confusion among the public. If the consumers are likely to get confused
between the two marks then there is an infringement.
3. Registered Trademark – You can only infringe a registered trademark. For an unregistered Trademark, the common
law concept of passing off will apply.
4. Goods/ Services – In order to establish infringement even the goods/ services of the infringer must be identical with or
similar to the goods that the registered Trademark represents.
Any unauthorized use of the exclusive statutory rights of a registered trademark constitutes infringement.
The infringement explained above is direct infringement. There is another aspect to trademark infringement in India,
i.e. indirect infringement.

8. Eclairs: Cadbury’s or Everyone’s.(ITC)
Louis Vuitton v. Louis Vuiton Dak
Adidas v. Forever21.(Brand of triple strip)
Rowling vs. Stouffer.(J.K. Rowling and Nancy Stouffer)
T-Mobile owns the colour MAGENTA.
WWF v WWF.
Motorola v. Xoom Corp.
Victoria Beckham vs Peterborough FC(posh spice vs posh).

10. .In 2008, an initiative called “GreeNYC” used a green apple logo, which Apple tried to block. The case was
dismissed and the logo was allowed to be used.
.Again in 2008, Apple sent a cease-and-desist letter to a college in British Columbia that used an apple
outline for their logo. Three years later, the college changed not just the logo, but their name as well.
.In 2009, Apple tried to block Australian company Woolworths from changing to a new green logo that
used a stylized apple. Woolworths removed a portion of their trademark, and continues to use the logo.
Apple’s lawsuits on logo

12. Marvel and DC Comics Control of 'Superhero'
BackRub » Google
Research in Motion » Blackberry
Tokyo Tsushin Kogyo » Sony
Computing Tabulating Recording Corporation » IBM
Pete’s Super Submarines » SUBWAY
Stag Party » Playboy
Jerry’s Guide to the World Wide Web » Yahoo